logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2016.08.12 2016고단402
준사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who leased and operated C 3 heading, which was located in B from February 2, 2014, from D.

Based on the fact that the victim E, who was judged with mental disability 2, was lacking in the ability to distinguish and make decisions due to the low intelligence, the Defendant committed an act as if he did not have the intent or ability to pay normal benefits to the victim, and tried to work in the salt farm operated by himself and to exploit the labor force.

On February 1, 2014, the Defendant made a false statement to the victim at the above C Office that “if he/she works as a salt farm in Korea salt farm, he/she would give the victim wages of KRW 1,180,000 per month.”

However, in fact, the defendant was aware that the victim was unable to exercise his right to claim wages due to lack of intellectual ability and separation ability, so even if the victim provided labor, the defendant did not have an intention or ability to pay wages normally.

As above, the Defendant: (a) caused the victim to engage in a salt farm as indicated in the attached Table of Crimes from February 1, 2014 to September 30, 2015 by using the victim’s mental and physical disorder; and (b) failed to pay the sum of the benefits to be paid to the victim to be paid to the victim; and (c) thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Report of internal investigation (limited to the specification of the amount of property profits related to quasi-Fraud criminal facts);

1. Submission (whether disability is registered) of investigative data, and attached data: The application of statutes on standard labor contracts;

1. Relevant Article of the Criminal Act and Article 347-2 of the Criminal Act (integrated, choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million) shall be the mitigation area (one month to one year).

arrow